Following a two-day bench trial in September of 2016, Laurel Stevenson and Jeff Laney secured judgment in favor of their clients in an equitable garnishment action involving a fronting policy.  The case had a long and protracted history, involving multiple legal proceedings in state and federal courts.  One of plaintiff’s primary claims was that the carrier failed to defend the insured driver who was operating a company-provided vehicle while intoxicated, injuring the plaintiff.  The carrier’s efforts to obtain information to assess a 10-day time limited demand to defend were unsuccessful, as were efforts to intervene in the underlying action.  The plaintiff and the employee operating the company-provided vehicle consented to judgment for $1.5 million, and sought recovery for that amount, plus other amounts in excess of the policy limit.  Plaintiff and the employee also claimed that the carrier acted in bad faith.  Multiple defenses were raised by the carrier and employer, with the primary defense being the lack of the employee’s permissive use of the vehicle given his intoxication. The trial court ultimately disposed of all claims  in favor of the carrier and employer, concluding that sobriety is a condition to permission. Paralegal Kellie Mitchem assisted with trial.